What does Condition mean? A condition is a contractual term that is fundamental to the bargain. Breach of a condition entitles the innocent party to terminate the contract (treat it as repudiated) and claim damages; breach of a warranty gives damages only. Whether a term is a condition is a matter of construction and context. Parties’ labels help but are not conclusive. Many conditions are implied by statute in sale of goods: the Sale of Goods Act 1979 (England & Wales and Scotland) and corresponding Northern Ireland legislation treat the implied terms as to title, description, satisfactory quality and fitness as conditions, with a...
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A stand-alone dwelling in the countryside is only permitted in narrowly defined situations. These include instances where it can be shown there is an essential requirement for a rural worker, including someone taking majority control of a farm business, to reside permanently at or close to their place of work in the countryside. Planning consent for such a property will often carry an agricultural occupancy condition (AOC), limiting occupation to a person employed (or last employed) locally in agriculture or forestry. These restrictions are also known as agricultural ties. The scope of AOCs has been the subject of extensive case law—see: Establishing breach of an AOC below for a summary of key case law on the subject.
An AOC significantly restricts the potential market for a dwelling and so suppresses its value. In addition, the agricultural population has markedly declined over the past few decades, and there may no longer be any need for agricultural workers in the area around the property...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...